Waiver of homestead exemption in unsecured agreement

A retainer agreement between an attorney and his client purported to waive the client’s homestead exemption if the attorney obtained a lien to secure payment of legal fees and costs.

In an extensive opinion reviewing the law throughout the United States, the Florida Supreme Court held that a waiver of the homestead exemption in favor of other than a secured creditor is invalid.  Chames v. DeMayo, 972 So. 2d 850 (Fla. 2007).